SEWELL v. STATE

No. 35472.

367 S.W.2d 349 (1963)

Clyde W. SEWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 24, 1963.

Second Rehearing Denied May 22, 1963.


Attorney(s) appearing for the Case

No attorney on appeal, Orville A. Harlan, Houston (on rehearing only), for appellant.

Frank Briscoe, Dist. Atty., Houston, Gus J. Zgourides and Lee P. Ward, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is burglary, with a prior conviction for felony theft alleged for enhancement; the punishment, 12 years.

The witness Schafer, an employee of a detective agency, testified that, while on patrol at 4:00 A.M. on the night in question, he observed the rear door of a barber shop closing; that he brought his automobile to a halt and ordered whoever was in the barber shop to come out; that appellant and one Jack Broussard appeared with...

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